QUESTION: Councillor M. Duff
"Following on from the decision to refuse permission for the extension of the S254 licence for the Mast and Cabinet, located at the Junction of St Aongus Road and Tymon North Road, that this Area Committee calls on the Manager to issue notice to Cellnex to immediately remove their equipment and to fully reinstate the public land on which their equipment is located?"
REPLY:
A decision to refuse permission for the extension of the S254 licence for the Mast and Cabinet, located at the Junction of St Aongus Road and Tymon North Road was made by this planning authority on 12th December 2025. This decision has since been appealed by the 1st Party and lodged with ACP on 10th February 2026. (There is no statutory period within which an appeal on a S 254 licence decision can be made)
The following is an extract from licence granted under appeal of S 254 licence application S25419/08
The licence shall be valid for three years from the date of this Order. The telecommunications structure and related ancillary structures including any access arrangements shall then be removed and the site lands shall be reinstated on removal of the telecommunications structure and ancillary structures unless, prior to the end of the period, planning permission shall have been granted for their retention for a further period.
The previous licence granted under appeal in March 2022 has expired and there is no automatic statutory continuation of the licence. However, given that this application is under appeal it may be best to exercise discretion on an immediate request for removal and reinstatement of lands during the appeal process.